A complainant can be transposed as accused after an investigation

A complainant can be transposed as accused after an investigation written by Rashmi Maruvada student of Damodaram Sanjeevaya National Law University Vishakapatnam

Kari Choudhary vs Most. Sita Devi And Ors. on 11 December 2001 AIR 2002 SC 441

Introduction

This is a case where a mother-in-law who was the complainant of the murder of her daughter-in-law was transposed as accused after the investigation.

Facts

Sugnia Devi was married to one of the four sons of the respondent, Seeta Devi 10 years prior to the incident. She was childless. On the night of 27-6-1988, Sugnia Devi was murdered in her bedroom. The next day, Seeta Devi lodged an FIR in the police station alleging that a few persons sneaked into their house and entered the bedroom, and strangulated Sugnia Devi. FIR number 135 was lodged by the police officer and the investigation commenced thereafter. After few days, the police were of the opinion that the manner in which Sugnia Devi was murdered is totally different from the version of Seeta Devi, they were of the view that a conspiracy was hatched against Sugnia by Seeta Devi and her other daughters-in-law. The police sent a report to the court which mentioned that the allegations mentioned in FIR number 135 were false and they have lodged another FIR and are continuing with the investigation. Seeta Devi filed a protest petition before the chief judicial magistrate contending that the allegations put by the police against her are false and the persons mentioned in FIR number 135 are the real culprits. The chief judicial magistrate dismissed the Petition. The respondent filed a revision before Highcourt which directed the magistrate to conduct an inquiry. The police force concluded the investigation and framed the charge sheet in which Seeta Devi along with her other daughters-in-law and her son, Ram Ashish, and few other persons were charged under sections 302 and 34 of the Indian Penal Code. Thus, the respondent moved the High Court of Patna again in order to quash the proceedings against her and others. The high court upheld her contention and quashed all the proceedings against the respondents without a trial. Aggrieved by this, the brother of the victim has filed this appeal before the supreme court.

Judgment

In this case, the appeal was allowed. It was held that the police cannot file 2 FIRs in a case, so the second FIR was considered as an information report. But this cannot be a ground to stop them from conducting the investigation of the crime, and it also does not give a ground for not having a trial and quashing the proceedings.